[Federal Register Volume 78, Number 134 (Friday, July 12, 2013)]
[Rules and Regulations]
[Pages 41851-41852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16655]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0223; FRL-9831-5]


Approval and Promulgation of Implementation Plans for Georgia: 
Partial Withdrawal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; partial withdrawal.

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SUMMARY: Due to comments received, EPA is publishing a partial 
withdrawal of the direct final approval of revisions to the Georgia 
State Implementation Plan (SIP). EPA stated in the direct final rule 
that if EPA received adverse comments by June 17, 2013, the rule would 
be withdrawn and not take effect.

DATES: The partial withdrawal is effective July 15, 2013.

FOR FURTHER INFORMATION CONTACT: Sara Waterson, Air Planning Branch, 
U.S. Environmental Protection Agency Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. Phone number: (404) 562-9061; Email: 
[email protected].

SUPPLEMENTARY INFORMATION: On May 16, 2013 (78 FR 28744), EPA published 
a direct final rulemaking to approve portions of Georgia's September 
15, 2008, August 30, 2010 (two submittals), and December 11, 2011, SIP 
submissions that update the Georgia SIP to incorporate EPA's current 
national ambient air quality standards (NAAQS) for the sulfur dioxide, 
nitrogen dioxide, ozone, lead, and particulate matter (PM) NAAQS. The 
SIP submissions contain amendments to Georgia Rules 391-3-1.-02(4)(b), 
(c), (e), (f), and (g) reflecting EPA's current NAAQS for the 
aforementioned criteria pollutants. On May 16, 2013, EPA also published 
an accompanying proposed rulemaking to approve the SIP revisions in the 
event that EPA received adverse comments on the direct final 
rulemaking. See 78 FR 28776.
    In the direct final rulemaking, EPA explained that the Agency was 
publishing the rule without prior proposal because the Agency viewed 
the submittals as non-controversial SIP amendments and anticipated no 
adverse comments. Further, EPA explained that the Agency was 
simultaneously publishing a separate document in the proposed rules 
section of the Federal Register to serve as the proposal to approve the 
SIP revisions should an adverse comment be filed. EPA also noted that 
the rule would be effective on July 15, 2013, without further notice 
unless the Agency received adverse comment by June 17, 2013. EPA 
explained that if the Agency received such comments, then EPA would 
publish a document withdrawing the final rule and informing the public 
that the rule would not take effect. It was also explained that all 
public comments received would then be addressed in a subsequent final 
rule based on the proposed rule, and that EPA would not institute a 
second comment period on these actions. The public was advised that if 
no comments were received that the rule would be effective on July 15, 
2013, with no further action on the proposed rule.
    On May 17, 2013, EPA received a comment from a single commenter 
that could be viewed as adverse with regard to the approval action that 
EPA contemplated for the PM portion of the Georgia SIP revision. In 
summary, the commenter noted that Georgia's SIP revision related to the 
PM2.5 NAAQS that was addressed in EPA's May 16, 2013, 
rulemaking actions did not reflect EPA's December 2012 revision to this 
standard. The commenter recommended that EPA conditionally approve 
Georgia's ``particulate matter SIP'' on the condition that the State 
submit a revised SIP within a reasonable amount of time reflecting the 
December 2012 PM2.5 NAAQS. The commenter expressed support 
for EPA's approval of the SIP revisions incorporating updates to the 
other NAAQS subject to the May 16, 2013, rulemakings.
    As result of this comment, EPA is withdrawing the direct final 
action related solely to the PM portion of the Georgia SIP revision. 
Specifically, through today's action, EPA is withdrawing the May 16, 
2013, direct final approval of Georgia's SIP submission to update the 
PM NAAQS via incorporation of amended Georgia Rule 391-3-1-.02(4)(c) 
``Particulate Matter'' into the SIP.
    As indicated in the direct final rulemaking, EPA's May 16, 2013, 
proposed rulemaking approving Georgia's SIP revision related to the PM 
NAAQS is still in effect. The Agency is not opening an additional 
comment period and will only consider the comments received prior to 
June 17, 2013, the close of the public comment period. If EPA 
determines that it is appropriate to finalize the proposed approval of 
the Georgia SIP revision related to the PM NAAQS, EPA will publish a 
final rule which will include a response to the comment received. In 
the event that EPA determines that it is not appropriate to finalize 
the proposed approval related to the PM NAAQS, EPA may issue a 
subsequent proposal with a different course of action.
    Today's withdrawal action does not affect EPA's May 16, 2013, 
direct final action on Georgia's SIP revisions related to the sulfur 
dioxide, nitrogen dioxide, ozone, and lead NAAQS. The SIP revisions 
updating the sulfur dioxide, nitrogen dioxide, ozone, and lead NAAQS 
are approved and amended Georgia Rules 391-3-1-.02(4)(b), (e), (f), and 
(g) are incorporated into the SIP as of the effective date of the May 
16, 2013, direct final action (July 15, 2013).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: June 28, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42.U.S.C. 7401 et seq.

Subpart L--Georgia

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2. Section 52.570 (c) is amended under Table 1, under Emission 
Standards by revising the entry for ``391-3-1-.02(4)'' to read as 
follows:


Sec.  52.570  Identification of plan

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    (c) * * *

[[Page 41852]]



                                                            EPA-Approved Georgia Regulations
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                                                                State
          State citation                Title/subject         effective              EPA  approval  date                        Explanation
                                                                date
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                                                                   Emission Standards
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391-3-1-.02(4)....................  Ambient Air Standards       9/13/2011  5/16/2013.............................  Only subparagraphs (b), (e), (f), and
                                                                                                                    (g) were approved.
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[FR Doc. 2013-16655 Filed 7-11-13; 8:45 am]
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